Organisation for Promotion of Environmental Needs Ltd, R (on the application of) v London Borough of Hackney
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE COLLINS
Areas of Law
- Administrative Law
- Property and Real Estate Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case involves a judicial review of Hackney Council's decision to grant planning permission for development at Dalston Terrace, London, focusing on the preservation of historic facades. Expert reports indicated structural unsoundness, justifying demolition and reconstruction. The court upheld the council's decision, citing adequate legal and factual basis, and affirmed the necessity to balance harm to the conservation area against public benefits.
J U D G M E N T
MR JUSTICE COLLINS:
1. This is a claim for judicial review of the decision of the defendant council of 5 March 2014 granting planning permission for the development of twenty-three houses in Dalston Terrace within the London Borough of Hackney.
2. The issue which has led to this claim is whether the facade to about half of the relevant buildings can be preserved. The facade is important because it was constructed at dates variously given as 1807 and 1813, but perhaps that is not particularly material. It was when London was expanding at that time the construction of residential terraces, of which this was one. It is or was one of the last remaining in this particular area. There has been widespread disruption through lapse of time, to some extent no doubt enemy action during the war and otherwise. This particular terrace (if that is the correct word to use) used to be under the control of the Greater London Council. When that body was abolished it was transferred to Hackney. Hackney sold the buildings in 1984 to what is described in the somewhat pejorative sense as off-shore owners. They appear unfortunately not to have undertaken any work to preserve the buildings in question. By 2002 or thereabouts they had got into a state of considerable disrepair, and there had before then been a fire which had destroyed at least two of them in the middle of the row. In the result, Hackney bought them back.
3. There has been some criticism that still no work or no substantial work was done to put them back into a state of reasonable repair. But consideration was clearly given and has been given as to what form of development can properly take place. The use of the terrace was originally residential but in Victorian times (again precise dates do not matter but probably in the 1870s or thereabouts) on the ground floor or ground to first-floor level extensions were built to provide for retail trading. So there were shop premises sticking out from and covering what had formed the front gardens of the residential buildings. That remained the position and remains the position so far as use which is appropriate for this particular terrace is concerned.
4. It is necessary briefly to go through the history. The council produced in December 2009 what was described as a planning and design guidance. It is not necessary to go into any detail but at paragraph 6.7 of that document, under the heading "Conservation", the following was stated:
"6.7 Proposals